Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(139): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date Added : 02-11-2015

                            

Resolution No.(139)(4/2010): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date: 23/4/1431 AH, corresponding to 8/4/2010 AD.    

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its third session held on the above given date, the Board of Iftaa` reviewed the question whereby the Ministry of Awqaf expressed its desire to exchange a piece of land endowed as a graveyard for another piece of land.

After thorough studying and deliberating, the Board decided the following:

In principle, an endowment can neither be sold nor given as a present, nor bequeathed, as indicated by the Hadith of Ibn Umar. When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying: "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said: "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowment on the condition that the land would neither be sold nor given as a present, nor bequeathed)" {Bukhari&Muslim}.

Therefore, if the state, the municipality, or a person has endowed a piece of land as a graveyard, then it is obligatory that it be used as such, because the condition set by the owner of the Waqf (endowment) must be abided by.

Accordingly, due to the fact that people have already been buried in this graveyard, the Board believes that exchanging it for another piece of land is impermissible, because if it has been endowed as a graveyard, it must be used as such until the Day of Resurrection. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

    Dr. Yahia al-Botoosh/ Member

      Sheikh Sa`eid Hijjawi/ Member

                    Dr. Mohammad Khair al-Eesa/ Member

Judge Sari Atieh/ Member

            Dr. Abdurahamn Ibbdah/ Member

       Dr. Mohammad Okla/ Member

              Dr. Abdunnasir Abulbasal/ Member

                    Dr. Mohammad Al-Khalayleh/ Member

                    Dr. Mohammad al-Gharaibeh/ Member

                                                         Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

When is a child instructed to fast?

A child is instructed to fast at the age of seven if they are capable of fasting and have reached the age of discernment, by analogy to prayer. They should be encouraged but not forced, so they can become accustomed to it. It is obligatory for their guardian, whether a father or another, to instruct them.

Should nail polish be removed before making ablution?

Yes, it should be removed because it prevents water from reaching the nails.

What is the ruling on using an inhaler while fasting?

Using an inhaler through the nose or mouth breaks the fast because the medication in these inhalers is intended to reach the lungs, which are considered part of the body cavity (jauf).
● If a person needs to use it occasionally, they may use it while fasting, continue refraining from food and drink for the rest of the day, and make up for the missed fast later.
● If a person needs to use it daily, they may use it while fasting, continue refraining from food and drink, and pay fidyah (feeding one needy person per missed day).